What is the test for finding no conflict of interest between the counsel of the accused and the accused's defence counsel?
Newfoundland and Labrador, Canada
The following excerpt is from R v Parsons, 1992 CanLII 7131 (NL CA):
In summary, the justice presiding over the inquiry appropriately directed his attention to the test formulated in Martin v. Gray and properly exercised his discretion in finding that no conflict existed. This decision should not be disturbed, even if it were liable to review, in the absence of proof that any perception existed as a result of the accused's counsel continuing to act in the matter. On the contrary, public confidence in the criminal justice system might well be undermined by interfering with the accused's selection of the counsel of his choice.
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